61 Miss. 283 | Miss. | 1883
delivered the opinion of the court.
This case presents the question of the validity or invalidity of that part of “An Act to make the County of Warren, in this State, a separate circuit and chancery court district, and to provide for defraying the expenses of the courts therein,” apjnoved April 11, 1876, which requires the payment of a docket fee “upon each suit, petition, appeal, administration, guardianship, or other matter or proceeding of a civil nature brought or opened in said courts or either of them.” The act prescribes the amount of the fee in each case, varying according to amount involved, and to be not less than five nor more than twenty-five dollars, and where there is a party defendant liable for costs the docket fee is to fall on him as part of the costs. Payment of the prescribed docket fee is a condition of commencing a proceeding in said courts. The docket fees are by the act devoted to the payment of the salaries of the judge and chancellor for that district. The constitution provides for the appointment of judges of the circuit court, and chancellors, and for districts, and for a circuit court and a chancery court to be held in each county at least twice in each year, and the jurisdiction of these courts is prescribed by the constitution. Each county is entitled by
The constitution declares that “Taxation shall be equal and uniform throughout the State.” From this fundamental rule it is fairly deducible that “ a tax cannot be imposed exclusively on any subdivision of the State to pay an indebtedness or claim which is not peculiarly the debt of such subdivision, or to raise money for any purpose not peculiarly for the benefit of such subdivision.” Sanborn v. Commissioners, 9 Minnesota 273. .
Judgment reversed and cause remanded.